R.K.ANAND, MOKSH MAHAJAN
TAMIL NADU STD/PCO FRANCHISEES WELFARE ASSO. – Appellant
Versus
DEPARTMENT OF TELECOMMUNICATIONS THROUGH THE CHIEF GENERAL MANAGER – Respondent
Ms. Moksh Mahajan, Member—In a complaint filed, the complainants, namely The Tamil Nadu STD/PCO Franchisees Welfare Association and St. John Ambulance Association had charged the respondent, i.e. Department of Telecommunications with the adoption of and indulgence in restrictive trade practices within the meaning of Section 10(a)(i) read with Sections 2(o), 33(1), and 37 of the Monopolies Restrictive Trade Practices Act, 1969 (in brief MRTP Act).
2. It is stated that the complainant No. 1 is a trade association comprising of 1,000 STD/ PCO operators who have been granted licences under the first proviso of Section 4 of the Indian Telegraph Act, 1885 to install, maintain and operate Public Call Offices (PCO) in their respective designated operation areas subject to the terms and conditions as contained in the respective licences. Complainant No. 2 is a voluntary organisation engaged, inter alia, in rescue and relief work at all emergencies rendering first aid for basic life support in cases of accidents, illness and in the transportation of sick and injured people. On 10.7.1999, the respondent by way of publication in the newspaper The Hindu’ issued a warning to the STDPT Franch
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